On Wednesday, Connecticut Attorney General William Tong joined 21 attorneys general in filing a lawsuit to stop a new Trump Administration rule that, the coalition alleges, makes it easier for healthcare providers and insurance companies to discriminate against certain vulnerable and protected classes of Americans.
In a lawsuit filed against the U.S. Department of Health and Human Services, HHS Secretary Alex Azar, and the head of HHS's Office of Civil Rights, Roger Severino, the coalition of attorneys general contend that the new rule emboldens providers and insurers to discriminate against LGBTQ+ individuals, those with limited English proficiency and women, among others.
They claim the rule strips express protections for these groups in HHS regulations that implement the nondiscrimination provision of the Patient Protection and Affordable Care Act.
This provision of the ACA prohibits discrimination based on race, color, national origin, sex, disability, or age by health programs or facilities that receive federal funds.
Tong joins New York Attorney General Letitia James, California AG Xavier Becerra and Massachusetts AG Maura Healey, as well as the attorneys general of Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Wisconsin and the District of Columbia in filing the lawsuit.
WHAT'S THE IMPACT?
In the lawsuit filed Tuesday in the U.S. District Court for the Southern District of New York, the coalition argues that HHS has unlawfully ignored the harms that the new rule will impose on vulnerable populations, including LGBTQ+ individuals, individuals with limited English proficiency and women, as well as other protected classes.
The coalition also contends that HHS has failed to justify why it pivoted from its prior policy, which, among other things, explicitly prohibited discrimination in healthcare, and required health entities to provide meaningful language assistance services to individuals with limited English proficiency, including notifying them of their rights to translation and interpretation services.
In addition, the lawsuit alleges that the Trump Administration was motivated by animus toward the transgender community in issuing this rule.
Specifically, the coalition said the new rule is arbitrary and contrary to law under the Administrative Procedure Act, and that it violates the equal protection guarantee of the Fifth Amendment.
THE LARGER TREND
Under the Obama Administration, HHS issued regulations implementing Section 1557 of the ACA in 2016making clear that discrimination on the basis of gender identity, nonconformity to sex stereotypesand pregnancy status are forms of sex discrimination prohibited by the statute. Specifically, Section 1557 prohibits discrimination by any healthcare program (including providers and insurers) against individuals on the basis of race, color, national origin, sex, disabilityor age.
Federal courts have also held that the statute's prohibitions on sex discrimination protect transgender and other LGBTQ+ individuals from such discrimination, which was confirmed in last month's Supreme Court decision in Bostock v. Clayton County.That decision held that discrimination based on sexual orientation and transgender status are forms of sex discrimination prohibited by federal civil rights law.
Despite numerous failed legislative and legal battles to repeal and dismantle the ACA, the Trump Administration's new rule would effectively eliminate many of the express protections contained in the Section 1557 regulations, according to the attorneys general.
They say the move would unlawfully exclude many health insurers from Section 1557's scope, and would embolden healthcare providers and health insurers to deny care and insurance coverage. The new rule, they argue, would also impose barriers and impede timely access to healthcare for Americans, in violation of Section 1554 of the ACA.
Before the rule was finalized, the coalition previously called on the Trump Administration to withdraw the rule by submitting a comment letter to HHS last August, as well as by sending a letter to HHS this past April, at the start of the COVID-19 public health crisis.
Twitter:@JELagasseEmail the writer:jeff.lagasse@himssmedia.com
See the article here:
- Fifth Amendment - The Text, Origins, and Meaning of the ... - April 26th, 2014 [April 26th, 2014]
- 5th Amendment - Revolutionary War and Beyond - April 26th, 2014 [April 26th, 2014]
- Fifth Amendment to the United States Constitution ... - April 26th, 2014 [April 26th, 2014]
- Justices suggest public employees' testimony is protected - April 29th, 2014 [April 29th, 2014]
- HST 330 fifth amendment presentation - Video - May 1st, 2014 [May 1st, 2014]
- Police not sure if Sioux City murder suspect invoked 5th Amendment rights - May 3rd, 2014 [May 3rd, 2014]
- Christie Ally Samson Refuses to Give Documents to Lawmakers - May 4th, 2014 [May 4th, 2014]
- House votes to hold ex-IRS official in contempt - May 8th, 2014 [May 8th, 2014]
- House votes to hold ex-IRS official Lois Lerner in contempt of Congress - May 8th, 2014 [May 8th, 2014]
- House holds Lois Lerner in contempt - May 8th, 2014 [May 8th, 2014]
- House votes to hold former IRS official in contempt - May 8th, 2014 [May 8th, 2014]
- Articles about Fifth Amendment - Los Angeles Times - May 9th, 2014 [May 9th, 2014]
- Former PA Chairman Samson Pleads Fifth - Video - May 9th, 2014 [May 9th, 2014]
- GOP-led House votes to hold former IRS official in contempt - May 12th, 2014 [May 12th, 2014]
- No plans to arrest Lois Lerner, John Boehner says - May 13th, 2014 [May 13th, 2014]
- Im not going to testify: Witness pleads Fifth Amendment during Bangor triple murder trial - May 13th, 2014 [May 13th, 2014]
- Attorney: Defense told Corso will take Fifth - May 16th, 2014 [May 16th, 2014]
- Spokane County workers use Fifth Amendment in back-dating case - Thu, 22 May 2014 PST - May 22nd, 2014 [May 22nd, 2014]
- Shawn Vestal: County permit clerical mishap raises eyebrows - Fri, 23 May 2014 PST - May 23rd, 2014 [May 23rd, 2014]
- Sexual abuse measure could lead to wrongful convictions, attorneys say - August 31st, 2014 [August 31st, 2014]
- 5th Amendment - Laws.com - August 31st, 2014 [August 31st, 2014]
- Wildstein takes the 5th - Video - August 31st, 2014 [August 31st, 2014]
- Fifth Amendment (United States Constitution ... - September 2nd, 2014 [September 2nd, 2014]
- New bill a powerful tool to imprison sex offenders - September 3rd, 2014 [September 3rd, 2014]
- Cristin Milioti in The Good Wife - Julianna Margulies - Video - September 4th, 2014 [September 4th, 2014]
- Kansas Supreme Court: Grand jury violated man's Fifth Amendment rights - September 6th, 2014 [September 6th, 2014]
- Attorney Gwendolyn Solomon Petitions United States Supreme Court to Review Tenth Circuits Decision in Case of the IRP6 - September 9th, 2014 [September 9th, 2014]
- Texas man's conviction overturned because of Fifth Amendment violation - September 10th, 2014 [September 10th, 2014]
- Cop Says 'You Must Be Doing Something Wrong if You Invoke Your Rights' (Video) - September 12th, 2014 [September 12th, 2014]
- Public be damned Litchfield latest example - September 14th, 2014 [September 14th, 2014]
- Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule - September 15th, 2014 [September 15th, 2014]
- Fifth Amendment - Video - September 15th, 2014 [September 15th, 2014]
- Top 5 Constitution-Related Searches at FindLaw.com - September 19th, 2014 [September 19th, 2014]
- The Fifth Amendment Eminent Domain - Video - September 19th, 2014 [September 19th, 2014]
- Apple And Google Will Force A Legal Battle Over The Privacy Of Your Passcode - September 20th, 2014 [September 20th, 2014]
- Civics- The Fifth Amendment (Sarah Hutchinson) - Video - September 20th, 2014 [September 20th, 2014]
- Google and Apple Wont Unlock Your Phone, But a Court Can Make You Do It - September 22nd, 2014 [September 22nd, 2014]
- GOP fumes over Lerner remarks - September 23rd, 2014 [September 23rd, 2014]
- Assistant to DeKalb CEO Ellis invokes 5th Amendment 30 times - September 23rd, 2014 [September 23rd, 2014]
- GOP fumes as Lois Lerner talks to press but snubs Congress - September 24th, 2014 [September 24th, 2014]
- Cry us a river, Lois Lerner - September 24th, 2014 [September 24th, 2014]
- Can You Go to Jail for Refusing to Testify? - September 25th, 2014 [September 25th, 2014]
- Fifth Amendment Projectb - Video - September 25th, 2014 [September 25th, 2014]
- The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official) - Video - September 27th, 2014 [September 27th, 2014]
- Joey Gallo Takes The Fifth Amendment - Video - September 29th, 2014 [September 29th, 2014]
- Batavia High School teacher John Dryden retires from school district - October 3rd, 2014 [October 3rd, 2014]
- Batavia High School teacher John Dryden retires - October 4th, 2014 [October 4th, 2014]
- The Fifth Amendment Please Don't Leave Me Now - Video - October 6th, 2014 [October 6th, 2014]
- Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video) - October 7th, 2014 [October 7th, 2014]
- Batavia teacher previously involved in Fifth Amendment dispute retires - October 7th, 2014 [October 7th, 2014]
- INFORMUCATE: THE FIFTH AMENDMENT - Video - October 8th, 2014 [October 8th, 2014]
- Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict - October 10th, 2014 [October 10th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. - Video - October 10th, 2014 [October 10th, 2014]
- Code cases: Police want phone access, but some pass - October 12th, 2014 [October 12th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. part 2 - Video - October 12th, 2014 [October 12th, 2014]
- Property Rights | Century Law Group - Video - October 20th, 2014 [October 20th, 2014]
- Agents questioned, Askar takes the Fifth in Trombetta hearing - October 21st, 2014 [October 21st, 2014]
- Scott and Crist have heated and personal final debate before November election - October 22nd, 2014 [October 22nd, 2014]
- Detective dodges questions about allegations made during rape investigation - October 25th, 2014 [October 25th, 2014]
- Disciplinary hearing for SB officer moved to later date - Video - October 27th, 2014 [October 27th, 2014]
- Judge Rules Suspect Can Be Required To Unlock Phone With Fingerprint - October 31st, 2014 [October 31st, 2014]
- Virginia judge: Police can demand a suspect unlock a phone with a fingerprint - October 31st, 2014 [October 31st, 2014]
- Court rules: Touch ID is not protected by the Fifth Amendment but Passcodes are - October 31st, 2014 [October 31st, 2014]
- Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone - November 1st, 2014 [November 1st, 2014]
- Civil Rights and Civil Liberties - Fifth Amendment - Shh! The Right to Remain Silent - Video - November 1st, 2014 [November 1st, 2014]
- Your Fingerprints Belong To Us: Iphone Users Forfeit 5th Amendment - Video - November 2nd, 2014 [November 2nd, 2014]
- All Your Fingerprints Are Belong To Us: iPhone Users Forfeit Fifth Amendment - Video - November 2nd, 2014 [November 2nd, 2014]
- Log into Tax-News+ - November 4th, 2014 [November 4th, 2014]
- Editorial: Applying the Fifth Amendment in the era of smartphones - November 4th, 2014 [November 4th, 2014]
- Volokh Conspiracy: Virginia state trial court ruling on the Fifth Amendment and smart phones - November 4th, 2014 [November 4th, 2014]
- Fingerprints: iPhone Users Forfeit Fifth Amendment. - Video - November 4th, 2014 [November 4th, 2014]
- New ruling may affect police access to smartphones - Video - November 6th, 2014 [November 6th, 2014]
- Why the Constitution Can Protect Passwords But Not Fingerprint Scans - November 7th, 2014 [November 7th, 2014]
- Virginia state trial court ruling on the Fifth Amendment ... - November 7th, 2014 [November 7th, 2014]
- Is taking the fifth amendment a bad idea? - Video - November 7th, 2014 [November 7th, 2014]
- IT Security TV Show 4 November 2014 - iPhone Users Forfeit Fifth Amendment - Video - November 7th, 2014 [November 7th, 2014]
- the fifth amendment happy parody project song for connections - Video - November 8th, 2014 [November 8th, 2014]
- 13-year-olds murder conviction overturned - November 11th, 2014 [November 11th, 2014]
- Your Fifth Amendment Rights DO NOT Cover Biometrics - Video - November 11th, 2014 [November 11th, 2014]
- Philadelphia charter school officials pleaded Fifth 77 times - November 12th, 2014 [November 12th, 2014]